Social Change and Primitive Law: Consequences of a Papuan Lega! Case*

and hid in the jungle. He assumed that the girl's father would soon realize the futility of pursuit and, after his anger had cooled, might be prepared to accept a payment for his daughter. A bride price, which would ultimately be necessary in any event in order to prevent a rift within the political confederacy, would make the marriage formally valid, and this would absolve Awiitigaaj. Affairs seemed at first to develop contrary to the plans of our social reformer. The girl's father, the headman of the village of Kojogeepa, ruled that both his daughter and her seducer must be punished by death. His decision was upheld by the headman of the political confederacy. The relatives of Awiitigaaj and of the girl combed the forest for days trying to catch the incestuous couple. After a while, however, the girl's father became tired of the futile search and asked Awiitigaaj's relatives for the bride price, thereby implicitly recognizing the incestuous marriage as rightful. For his financial demand he was able to enlist the support of his own sublineage as well as that of the head of the confederacy. The seducer's relatives, however, refused to pay the price and continued to insist on the capital punishment of the couple. This infuriated the girl's father and, together with his sublineage, he resorted to a stick battle against the seducer's stubborn relatives. Thus, according to customary law, the seducer's relatives were absolved from payment of the bride price by being forced to fight. This release from their obligations induced them to accept and recognize the incestuous union. Thus, out of expediency, a precedent was established which broke down the traditional incest taboo and which, in the course of time, brought about a farreaching change in the law of the confederacy as well as in its social structure. Following his own precedent, the headman later married two second paternal parallel cousins from his own village. As a headman, he set an example for the other young men of Botukebo. To clothe his actions with an air of legality, he promulgated a new law, proclaiming that it was permissible to marry girls of the same sib and village as long as they were not first paternal parallel cousins. When asked in public about his motives, he gave me the following explanation: To marry a keneka [girl of the same sib and generation] is good as long as she is a second paternal parallel cousin. In the old days the people did not think. of this possibility, but now it is permissible. Adii people [a Kapauku sib living south of the Kamu Valley] have started this change [incest violation] and so I thought we were the same as they and I introduced the new custom. I married my cousins only after I became tonowi [headman] so that other people either were afraid to object or they agreed with me. To marry keneka is not bad, indeed it is nice; in this way one becomes rich. Since it was obvious that this justification, given in the" presence of other people, was a political speech rather than an honest answer, I questioned the headman once again when we were alone, and received the following confidential statement: "Why did I marry my relative? Well, I will tell you, but don't tell the others. I liked her; she was beautiful." To my inquiry about his new incest" regulation, he replied with a sly smile and a friendly punch under the ribs: (IPlease don't tell the others. They wouldn't like me and I would lose T HIS paper presents one of those exceptional volitional inventions by means of which a member of an unpacified primitive Papuan society radically changed the social structure of his village and political confederacy. The history of the legal case and the consequent changes were recorded during research among the Kapauku, Papuans of Netherlands New Guinea in 1954. The Kapauku live by means of horticulture in the Central Highlands in the. area of the large Wissel Lakes. Patrilineal descent, patrilocal residence, and, ideally speaking, the patriarchal polygynous family are the principal characteristics of their social structure. Approximately 15 households form a village inhabited by individuals belonging to the same patrilineage. A confederacy, composed of two or three intermarrying sibs and comprising a total of four to seven villages, unites about 600 people in a strong political group. Beyond this unit, war and diplomatic negotiations prevail; within the group, law and order are administered by wealthy headmen. Every village has its headman, and the most influential of these is elevated to confederacy leadership. The protagonist of our story is Awiitigaaj, the headman of the village of Botukebo, a prosperous pig breeder, a courageous war leader, and an enthusiast about feminine beauty. Like any connoisseur, he collected some extremely valuable specimens by marrying ten of the most attractive women in the Kamu Valley. ·Unfortunately, he discovered that the incest taboo-which prohibits marrying an individual of the same sib-would deprive his collection of at least one outstanding example of female pulchritude. Nevertheless, in 1935, he did not hesitate to break the taboo. Although he was the first man in the Kamu Valley to contract such an incestuous marriage, he knew that in the nearby Pona region some Adii men had contracted similar marriages and had succeeded in escaping social sanctions. The bride in question lived in the neighboring village of Kojogeepa and belonged to the same sib, but to another sublineage. To avoid the traditional penalty of execution, he eloped with the gir

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